Berry v. Empire Indemnity Insurance Co.
Supreme Court of Oklahoma
1Opinion of the Court
DOOLIN, Justice:
Today we are requested to either overrule or modify Laubach v. Morgan. 1 We are posed the following questions: (1) Did the State Legislature in effect overrule Lau-bach when it established a right of contribution among tort-feasors in 12 O.S.Supp. 1979 § 832? (2) Should the several liability rule apply to a pure, or faultless, plaintiff?
I
Plaintiff was a passenger in a city-owned garbage truck which was involved in a traffic accident with another vehicle. Plaintiff sued the driver of the other vehicle (Driver 2), that driver’s employer and that employer’s insurance company.…
2Cases cited8 opinions
- Best v. YerkesSupreme Court of Iowa · 1956
- Laubach v. MorganSupreme Court of Oklahoma · 1978
- Boyles v. Oklahoma Natural Gas Co.Supreme Court of Oklahoma · 1980
- Cain v. Quannah Light & Ice Co.Supreme Court of Oklahoma · 1928
- Marshall v. MarshallSupreme Court of Oklahoma · 1961
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3Cited by16 opinions
- Teel v. Public Service Co. of OklahomaSupreme Court of Oklahoma · 1987
- National Union Fire Insurance Co. v. A.A.R. Western Skyways, Inc.Supreme Court of Oklahoma · 1989
- Anderson v. O'DONOGHUESupreme Court of Oklahoma · 1983
- Fernanders v. Marks Construction of South Carolina, Inc.Court of Appeals of South Carolina · 1998
- Breeden v. ABF Freight System, Inc.Court of Appeals for the Tenth Circuit · 1997
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